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Agenda HOPKINS CITY COUNCIL FINAL AGENDA September 7,1999 7:30 p.m. THIS FINAL AGENDA IS SUBJECT TO CHANGE UNTIL THE START OF THE CITY COUNCIL MEETING Schedule: 6:30 pm - HRA Meeting 7:30 pm - City Council meeting Work session at conclusion of City Council meeting I. CALL TO ORDER II. OPEN AGENDA - PUBLIC COMMENTS/CONCERNS (Public must fill out a Speaker Request Form. Three minute limit for each person) III. REPORTS - COMMITTEES/COMMISSIONS 1. Zoning & Planning Commission IV. CONSENT AGENDA 1. August 17, 1999 regular City Council meeting minutes 2. August 3,1999 work session meeting minutes 3. August 10 work session meeting minutes 4. Ratify checks issued in August 1999 5. Approve appointments to Chemical Health Commission and Police Civil Service Commission (Memo) 6. Second reading, storm sewer ordinance changes, (Memo) - Stadler 7. Temporary 3.2 beer license, St. Joseph's Fall Festival, (CR99-149) - Obermaier 8. Jaycees gambling license renewal, (CR99-150) - Obermaier 9. Marketing policy, (CR99-160) - Hartfiel 10. Order assessment hearing for Oct 5,1999 alley improvements, (CR99-159)- Gessele 11. Order assessment hearing, 1999 private improvements and miscellaneous assessments, (CR99-157) - Gessele 12. Approve final payment, 6th Avenue storm sewer project, (CR99-158) - Gessele 13. Transit improvements study, (CR99-163) - Parsons Redepenning Vote: Maxwell Jensen Hesch Johnson V. OATH OF OFFICE 1. John Szuba, Zoning and Planning Commission 2. Jennifer Schuster and Kelley Bloomquist, Chemical Health Commission QUESTIONS OR COMMENTS? CALL THE RAZZLE LINE - 939-1421 (The Razzle Line is the City of Hopkins voice message system) VI. PUBLIC HEARING 1. Nuisance Abatement hearing, Gary's Towing, (CR99-151) - T. Anderson Redepenning Vote: Maxwell Jensen Hesch Johnson VII. OLD BUSINESS 1. Second reading, rezone Alliant Tech property, (CR99-152) - N. Anderson Redepenning Vote: Maxwell Jensen Hesch Johnson 2. Approve final plat and development agreement, Alliant Tech, (CR99-153) - N. Anderson Redepenning Vote: Maxwell Jensen Hesch Johnson 3. Approve Excelsior Boulevard preliminary layout, (CR99-161) - Stadler Redepenning Vote: Maxwell Jensen Hesch Johnson V. NEW BUSINESS 1. Variance, lot size 307 Burnes Drive, (CR99-154) - N. Anderson Redepenning Vote: Maxwell Jensen Hesch Johnson 2. Waiver of plat, 307 Burnes Drive, (CR99-155) - N. Anderson Redepenning Vote: Maxwell Jensen Hesch Johnson 3. Variance, parking in front yard setback, 11111Excelsior Boulevard, (CR99-156)- N. Anderson Redepenning Vote: Maxwell Jensen Hesch Johnson 4. Adoption of preliminary budget and levy, (CR99-162) - Yager Vote: Maxwell Jensen Hesch Johnson Redepenning 5. Nuisance abatement, Mahlon Osburn property (CR99-164) - Mielke Vote: Maxwell Jensen Hesch Johnson Redepenning 6. Nuisance abatement, Dale Wojcik property (CR99-165) - Mielke Vote: Maxwell Jensen Hesch Johnson Redepennin9 VI. ADJOURNMENT A regular meeting of the Hopkins City Council was held on August 1 7, 1999, in the Council Chambers Jf the Hopkins City Hall. Present were Council Members Maxwell, Jensen, Hesch, and Johnson. Also present were staff members Mielke, Genellie, Stadler, Kerrigan, Gessele, and City Attorney Jerre Miller. I. CALL TO ORDER Mayor Protempore Maxwell called the meeting to order at 7:35 p.m. II. OPEN AGENDA - PUBLIC COMMENTS AND CONCERNS \ Duffy Bren, 626 Park Valley Drive West, thanked Council and staff for the excellent job that was done with the SuperValu building. Mr. Bren also asked why Excelsior Boulevard construction was going so slowly and questioned the leaf pick up policy. Lind~ Wolford and Shelli Stone, 301 17th Ave N, presented a petition requesting the water drainage system of the east side of 17th Ave Nand 3rd St N be fixed to accommodate the water run off problem that has been flooding these properties. III. REPORTS - COMMITTEES/COMMISSIONS 1 . Human Rights Commission Pat Olsen, Co-Chair Human Rights Commission, told the Council of the three projects that the Commission is presently working on. A new brochure and new logo are being designed. The Commission intends to print the logo with a sticky front so that it can be placed in storefront windows. They are also going to award an annual Hopkins Human Rights Award. Ms. Olsen said the Commission is also considering holding a seminar on preventing and responding to hate crimes. The Human Rights Commission is working on becoming more visible. IV. CONSENT AGENDA 1. August 3, 1999, Regular City Council Meeting Minutes 2. Approve Appointments to Chemical Health Commission 3. First Reading, Storm Sewer Ordinance Changes (CR99-146) 4. Approve Subgrantee Agreement Stiele/Bakken Corp, Re: DTED Contaminated Cleanup Program Grant Application (CR99-147) 5. Approve Final Payment 1999 Alley Reconstruction (CR99-144) Council Member Hesch asked for a brief explanation of item four. Jim Kerrigan said that a grant was approved for the City of Hopkins for the Stiele/Bakken property. Grant proposals were submitted to the Department of Trade and Economic Development and the Metropolitan Council. The City was successful in securing August 17, 1999, Regular City Council Meeting Minutes Page 1 grants from both agencies. The grants will assist in cleaning up soil contamination on \ the site. L Council Member Hesch moved and Council Member Johnson seconded a motion to approve the Consent Agenda. A poll of the vote was as follows: Council Member Maxwell, aye; Council Member Jensen, aye; Council Member Hesch, aye; Council Member Johnson, aye. The motion carried unanimously. V. NEW BUSINESS 1. Approve Engineering Services Agreement, Water Tank Painting Project, (CR99-144) Mike Lauseng said that the tower needs painting. Mr. Lauseng said that they waited for the completion of the Excelsior Boulevard project to start on the water tower. SEHRCM was chosen because of their experience in doing water towers. The cost of the Engineering services is $45,220. \. Council Member Johnson moved and Council Member Jensen seconded a motion to authorize the City Manager to enter into an agreement with SEHRCM for the engineering services related to the repainting of the Moline Water Tower. A poll of the vote was as follows: Council Member Maxwell, aye; Council Member Jensen, aye; Council Member Hesch, aye; Council Member Johnson, aye. The motion carried unanimously. 2. Approve Engineering Services Change Order, 6th Avenue Storm Sewer Project (CR99-145) Steve Stadler said that the agreement was based on an estimated number of hours of project on-site inspections. Several unforeseen problems led to the need for additional project inspection time. Additional design effort was also needed because of field conditions, which differed from City utility plan information. Mr. Stadler said that he thought that the adjustment was a fair and reasonable adjustment for the work done. Council discussed the additional items. Council Member Hesch moved and Council Member Johnson seconded a motion to approve additional engineering fees in the amount of $13,500 for construction services on Project 97-11, 6th Avenue Storm Sewer project. A poll of the vote was as follows: Council Member Maxwell, aye; Council Member Jensen, aye; Council Member Hesch, aye; Council Member Johnson, aye. The motion carried unanimously. 3. Nuisance abatement 610/612 - 12th Avenue South Steve Mielke said that the Inspections department has been working with the owner of Gary's Towing, Gary Schumacher. The site is in violation of several Hopkins Ordinances. Inspections have given Mr. Schumacher time to bring the site into August 17, 1999, Regular City Council Meeting Minutes Page 2 " , . compliance with the ordinances. Only a few of the complaints have been complied with. Mr. Mielke reviewed the complaints. Several neighboring business owners appeared to voice their concerns about the property and asked to have it addressed as soon as possible. Council Member Hesch moved and Council Member Jensen seconded a motion to schedule a public hearing for Tuesday, September 7, 1999 at 7:45 p.m. to consider the existence of a nuisance violation at 610/612 - 12th Avenue South in Hopkins, and to establish procedures by which to abate the nuisance and assess the cost of that abatement against the property and directed staff to sent written notices of the ' hearing to surrounding businesses. A poll of the vote was as follows: Council Member Maxwell, aye; Council Member Jensen, aye; Council Member Hesch, aye; \ Council Member Johnson, aye. The motion carried unanimously. VIII. ADJOURNMENT Ther'e being no further business, Council Member Johnson moved and Council Member Jensen seconded a motion to adjourn the meeting. The meeting was adjourned by unanimous consent at 8:42 p.m. Respectively Submitted, Terry Obermaier, City Clerk COUNCIL MEMBERS ATTEST: Eugene Maxwell, Mayor Pro Tempore August 17, 1999, Regular City Council Meeting Minutes Page 3 Work Session Minutes August 3, 1999 A City Council work session was held on Tuesday, August 3, 1999 in the Council Chambers after the regular City Council meeting. The meeting was called to order by Mayor Redepenning at 10:28 p.m. All City Council members were in attendance, as was City Manager Steve Mielke. Government Training Service Council member Hesch informed the Council that she had received potential training options through the government training service and wished to discuss them at a future work session. City Manager Mielke indicated he would copy the materials to the full' Council and schedule it for discussion. \ Town Terrace Apartments Mayor Redepenning indicated that he had received phone calls of concern about activities at the Town Terrace Apartments. The concerns centered on residents in the Town Terrace apartments who were doing inappropriate, if not illegal, kinds of things that\veren't necessarily criminal in nature, but nonetheless should be addressed. City Manager Mielke indicated that he would have the staff follow up on the issues and discuss them with the manager of the complex to see what actions could be taken. . Chemical Health Commission Council member Johnson discussed the Chemical Health Commission, indicating that they were unaware of the change in reporting requirements, and she informed them of our new reporting procedures. Additionally, there were four positions open on the Chemical Health Commission, and she indicated that former student member Angie Recknor wished to become an adult member. Kelley Bloomquist would be the new student representative. Liquor Sales During Raspberry Festival Parade Council member Johnson shared with the City Manager the name of a representative from the Legion who had continuing questions about the serving of alcohol during the Raspberry Festival. She also indicated that to her knowledge there were no violations of liquor sales during the parade this year. There being no further items of discussion meeting was adjourned at 10:50 p.m. ATTEST: CITY COUNCIL MEMBERS: MINUTES CITY COUNCIL WORK SESSION - AUGUST 10, 1999 A work session of the Hopkins City Council was held at 6:30 p.m. on August 10, 1999, at the City Hall. Council members present were Mayor Redepenning and Council Members Hesch, Jensen, Johnson and Maxwell. City personnel present were City Manager Mielke, Finance Director Lori Yager. Also present were Jim Parsons and Kathleen Tabor for the Depot; Bobbie Hartfiel for city publications; Brian Lamb, Stuart Krahn and Steve Mahowald for the Metro Transit; Capt. James Liddy and Sgt. Gordon Wiborg of the City Police; and Fire Chief Don Beckering and Assistant Chief Dave Klocek. Depot Financial Outlook, Jim Parsons, presenter Mr. Parsons said that the Depot opened its doors 9/2/98. The Coffee House has lost money every month. However, the school district has monies that may be forthcoming that would balance that out. Kathleen Tabor, present manager, said that when one looks at the original [mancial plan and\takes into consideration that two funds that were in that projection never materialized, the Coffee House is actually at the point that was forecast. Mr. Parsons noted that the unpaved parking lot has been a deterrent to commuter business, and that a teen center coordinator has just started work. Fran Hesch noted that the situation is analogous to the Senior Center, which always loses money and would need to close without the city subsidizing it. Steve Mielke said he has talked to the other partners and they have agreed to help out for at least the short term. The main question is "What are we subsidizing?" We do not want to subsidize a business, but a place for teens to gather is worthwhile. Further, how do we know when we have succeeded? Karen Jensen noted that the two parts -- teen center and coffee house -- cannot be separated in reality. Fran Hesch said that when the project started, it was assumed community volunteers would be utilized; instead paid personnel has done the work. Also no grants have been applied for in the past year as far as she knows. The schools have done nothing to promote it as a chemical-free environment for teens. The school district got a $374,000 grant for chemical use reduction among teens. Minnetonka Pier, which is a similar set-up inside the Minnetonka school, went to Health Systems for a grant with a projection of taking 5 years to break even, and they have no rent to pay. Kathleen Tabor noted more teens have started to come. She thinks the future is actually brighter than the present forecast indicates. In answer to Mr. Maxwell's question, Lori Yager said any city subsidy would come from the contingency fund. General Consensus: Mr. Mielke should go to the partners to get ideas. The city council is willing to subsidize the project as a whole for the short term. Marketing Policy, Bobbie Hartfiel, presenter Ms. Hartfiel presented a draft policy for promotional items in city-sponsored printed matter. She summarized the guideline as "We will do press releases, but no advertising." Mr. Mielke suggested that 2.01 be changed to "cooperative agreement" rather than "joint power 1 agreement." Lori Yager said the policy should not state the city will never advertise in its printed matter as in the future that may become a way to earn income for the city. General Consensus: The policy shall be called "Marketing Practices." Section 2.03 should be looked at further, then the policy can come to the Council for action. Transit Study, Phase II City Manager Mielke introduced Brian Lamb, Stuart Krahn and Steve Mahowald of the Transit Service. Stuart Krahn said city transit needs to change because of increasing congestion, needed employee transportation, and changing travel patterns. The transit service needs to improve express service, reverse commute service, community connections and facilities. . Steve Mahowald noted the proposed changes would increase Hopkins area service 37 %. Several new routes are planned; Route 614 has already been implemented, and increases have \ been made in Route 12 and 64. Mr. Lamb said a draft report should be ready by mid-September, and a final draft by the end of September. Once the cities have accepted the reports, public hearings can be held in the fourth quarter of 1999, probably in November. Hopefully implementation planning can start in January 2000, with actual implementation starting in September 2000. Funding is an issue. There are basically three sources: (1) Federal Government: T21, a federal allocation for congestion mitigation, which has a 9/20/99 application deadline, can be applied for; (2) Transit income. At present fares are 35 % of income, property tax gives 45-50 %, and state appropriations cover the . rest. The state legislature can be approached for increases; (3) efficiency -- take from other low- usage areas to increase elsewhere, the least advisable source. The major obstacle right now is that the cities would need to support the TI1 grant application before they see the final draft. In answer to Mr. Maxwell's questions, he said the T21 grant is good for up to 3 years and has a $5.5 million cap. Each sector, however, can be applied for separately. If the new plan has not succeeded in three years, the transit system would revert to its present state; in other words, the cities would not be worse off than they are now. In answer to Ms. Hesch's questions, he said the public hearings are advertised in papers, on the buses, and by working through city governments and following their suggestions. The justification for T21 cannot be "welfare to work" but only "congestion mitigation." As to the transit way, feasibility is still being looked at. If it seems possible, the cities will be approached in the fourth quarter of 1999. Mr. Mondale has said he is willing to support the concept with the governor. General consensus: General concern was expressed about officially backing the T-21 application until Mr. Lamb explained it could be put in very general terms: "We support the improvement of transit in our community and are aware of the proposal of the Metro Transit." (He will send exact language, but it would be this general.) He added a formal resolution is the most helpful, but even a letter would help. The Council felt this would be acceptable language. The Council also felt that at this point a joint meeting with the other cities was not needed. Police Dispatch Division, James Liddy and Gordon Wiborg, presenters Captain Liddy said the upgrading of the dispatch center impacts not only the police, but also the fire department and public works. The aim of the presentation was not to "sell" a certain 2 package, but to make the Council aware of its options. Sergeant Wiborg headed a task force comprised of people from all three departments that worked from April 5 to August 10. He presented a slide program detailing their findings. High points included: The last major upgrade was in 1988 for $562,000. Equipment is rated for a 12-15 year life span, except for the tower, which is 30 years. It was originally scheduled for replacement in 2001 at $477,000; but has been moved back to 2003. The dispatch center makes at least 67,000 contacts per year. For much of the public, these contacts are their only direct contact with the city. Annual cost is approximately $289,000, which includes amortizing costs. At present there is 24-hour-a-day walk-in and telephone service. Three main radio frequencies are owned by the city, with public works having an 800 mhz frequency. The most critical present problem is that the fire department has a non-repeated main. Chief Beckering \ added this means that fire department messages are not always transmitted as a repeater increases message range. So far it has not happened in a critical situation, but it could cost lives. Other concerns are there is no CAD Management, and the radio infrastructure is aged (so old it is Y2K compatible as it does not have the "new" computer chips that can be incompatible). " The City has three options: maintain the replacement plan as it is; contract with outside agencies (such as Hennepin County Sheriff Dept. or other cities); consolidate with another city dispatch. If the Council keeps to the present plan it will retain its frequency licenses; maintain the present quick response time; keep control over personnel and service; be able to keep its jail. If it does not it will save in personnel and equipment costs. If the Council chooses to contract with Hennepin County Sheriff's Dept. there are financial savings, newer technology, and fewer personnel problems. A big push is made by the Sheriff's Department about "no user fees"; but there used to be no fees for jail use, and there now is a fee of $117 per day per booking. The disadvantages are that all radio frequencies would have to be permanently turned over to Hennepin County (each license is worth a minimum of $80,000), there would be a minimum 7-year commitment; $300,000 in equipment would become the County's; transition costs (moving equipment, etc.) would be about $80,000; calls are on a sector-wide priority so some Hopkins calls may have low priority; city control would be minimal as there are only 3-7 members for all users to the Users Board which meets every 2 years; the jail may not be able to be maintained, which would add a cost of about $80,000 a year to use the Hennepin County facility; loss of the V ARDA alarm (noise activated alarm for businesses). Basically the same issues would apply to contracting with other cities, but there are no definite costs or loss lists for those scenarios. Captain Liddy noted most systems are in the process of upgrading so numbers simply aren't available. Both Eden Prairie and Minnetonka have indicated they would be interested in consolidating, but both cities say the consolidated force would have to be in their buildings. He said Hennepin County contracting would give the most savings currently; however, that must be weighed against losing the licenses (especially public works' 800 mhz license), the unknown costs that may arise when Hennepin County becomes the country's first 800 mhz trunk: system, and loss of control. Mayor Redepenning asked how Brooklyn Center got its frequency license back. Mr. Wiborg noted that was 25 years ago; now it could not happen as the Met Council has put a moratorium on new frequencies for Hennepin County. Mr. Mielke noted that the equipment issues 3 have a three-year period to be worked on; what is driving this issue now is manpower issues. In answer to Mr. Maxwell, Mr. Wiborg said a transition to Hennepin C~unty would take 9-10 months. The jail loss centers around the fact the law requires 24-hour-a-day monitoring; without the dispatch center monitoring system, that would mean hiring someone to monitor. In answer to Mayor Redepenning, Shane of the fire department said a repeater would be $20,000-$30,000. Chief Liddy noted another option is to go ahead with re-equipping as planned, arid in 12-15 years the County's 800 mhz system would be a reality so decision making would have a better foundation. Diane Johnson asked about cities' opinions of using Hennepin County; Sgt. Wiborg said the city personnel are usually positive, but the firemen and police on duty are concerned about officer safety because of the way the system works. Since this was an information-only presentation, there was no consensus for action. There was general consensus that the fire department need is important. \ Other Issues Replacing Police Chief Steve Mielke said the Civil Service Commission sets up the process for the replacement. Their job is to set job descriptions, hiring and firing, and implementing the appeal process. The new law changes now make it possible to eliminate the Commission if the Council feels it is not needed; that decision must be made within 30 days if the Council, not the Commission, is to replace the Chief. Consensus: There should be a joint meeting with the Civil Service Commission to discuss the process of selection and the issue of whether the Commission should continue to exist. This should happen after the meetings of August 17. Motion to adjourn was made by Fran Hesch and seconded by Diane Johnson. It passed unanimously. Meeting adjourned at 10:25 p.m. Kasey Kester, recording secretary COUNCIL MEMBERS ATTEST: Charles D. Redepenning, Mayor 4